2602 APPLICATION REQUIREMENTS FOR A DISTRICT WETLAND AND STREAM PERMIT OR A SECTION 401 WATER QUALITY CERTIFICATION

2602.1 An applicant seeking a water quality certification shall submit an electronic copy of the signed joint permit application form accessible on U.S. Army Corps of Engineers' website, along with supporting documents that were submitted to the U.S. Army Corps of Engineers for a CWA § 404 Permit, to the Department's submittal database.

2602.2 An applicant seeking a District wetland and stream permit shall submit to the Department's submittal database a signed application on a form provided by the Department.

2602.3 An applicant for a District wetland and stream permit or water quality certification shall submit the following information to the Department's submittal database, if not previously submitted pursuant to § 2602.1:

1. (a) A detailed description of the proposed project including:
2. (1) Project purpose;
3. (2) A description of facilities to be constructed or modified and work to be performed that would impact wetlands, streams, or other District waters;
4. (3) A description of the size and location of the proposed project site;
5. (4) A copy of either the approved jurisdictional determination letter from the U.S. Army Corps of Engineers or the preliminary jurisdictional determination form;
6. (5) The area (in square feet), length (in feet), and type(s) of streams and wetlands proposed to be impacted, including the area or length determined to be waters of the United States; and
7. (6) The applicant's proposed mitigation plan.
8. (b) A wetland and stream delineation report for the site, with supporting documents, that delineates all wetlands and streams within the project vicinity and includes:
9. (1) Wetland determination data forms for each wetland community in accordance with U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual and Regional Supplements, accessible on the U.S.

Army Corps of Engineers' website: https://www.nab.usace.army.mil/Missions/Regulatory/Jurisdictional-Determinations;

(2) Topographic mapping; and

(3) Survey mapping.

(c) A site plan that includes the following information:

(1) Wetland boundaries, as marked or flagged in the field, based on field delineation and delineated in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual and its Regional Supplements;

(2) Wetland and upland data point locations delineated in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual and Regional Supplements;

(3) Stream top-of-bank boundaries and ordinary high water mark boundaries, as marked or flagged in the field, based on field delineation;

(4) Locations of springs, seeps, vernal pools, and other aquatic resources;

(5) Locations of existing and proposed structures or utilities;

(6) Proposed locations of regulated activities and limits of disturbance;

(7) Property lines of any parcels impacted by the regulated activity;

(8) Locations and number of soil or sediment investigations and any soil or sediment contamination issues;

(9) Locations and number of groundwater investigations and any contamination issues; and

(10) Locations of project sites on District Flood Insurance Rate Map (FIRM).

(d) If the proposed project involves culvert installation, bridge work, stream restoration, or stream mitigation submit cross-sectional drawing(s) of each proposed impact area that includes at a minimum:

(1) Graphic scale;

(2) Existing and proposed elevations;

(3) Limits of wetlands and streams;

(4) Flow direction;

(5) For non-tidal streams, ordinary high water mark and top-of-bank;

(6) For tidal streams, mean low water and mean high water lines;

(7) Impact limits; and

(8) Location of all existing structures and proposed structures.

(e) If the proposed project involves culvert installation, bridge work, stream restoration, or stream mitigation submit profile drawing(s) with the information listed in paragraph (d), if required by the Department to demonstrate minimization of impacts;

(f) A list of each type of wetland proposed to be impacted, identified by its Cowardin classification, and for each classification of wetland:

(1) The area of each proposed wetland impact in square feet; and

(2) The total area of all proposed impacts in square feet.

(g) A list of individual stream impacts, identified by classification as a perennial stream, intermittent stream, or ephemeral stream:

(1) By length in linear feet to the nearest whole number and by average width in feet to the nearest whole number; and

(2) In square feet to the nearest whole number.

(h) Representative photographs of the impacted wetland or stream, riparian buffers, data point locations, and project area;

(i) A completed environmental impact screening form and review documents, if required by the District of Columbia Environmental Policy Act of 1989, effective October 18, 1989 (D.C. Law 8-36; D.C. Official Code § 8-109.01 et seq.), and by 20 DCMR § 7201;

(j) Names of adjacent property owners;

(k) A photo location map identifying the direction of each photo taken;

(l) If the proposal is projected to generate permanent impacts, a functional assessment of the wetlands and streams directly or indirectly impacted by the proposed activity;

(m) An avoidance and minimization analysis, as specified in § 2606;

(n) A mitigation plan, as specified in § 2608; and

(o) A Certificate of Clean Hands, which is available from the District Office of Tax and Revenue.

2602.4 The Department may request evidence or certification that material is free from toxic contaminants prior to disposal or use for fill.

2602.5 The applicant shall certify the truth, accuracy, and completeness of all the information in the application.

2602.6 The application shall be signed by the applicant or, if the applicant is not an individual, by an authorized agent of the applicant.

2602.7 If the applicant is not the legal property owner, the application form shall also be signed by the legal property owner or an authorized agent of the owner.

2602.8 An applicant shall flag the wetland boundaries in the field in accordance with the Corps of Engineers Wetlands Delineation Manual and its Regional Supplements.

2602.9 An applicant shall maintain the boundary flags until the Department and U.S. Army Corps of Engineers have reached a jurisdictional determination decision.

2602.10 An applicant for a wetland and stream permit, water quality certification, or a modification of a wetland and stream permit or a water quality certification, shall pay a nonrefundable application fee at the time the applicant submits the application to the Department, as specified in § 2604.

2602.11 For purposes of this section, the term “authorized agent” shall mean:

(a) For a corporation, partnership, limited liability company, association, trust, or other business entity, a governor as defined in D.C. Official Code § 29-101.02 ; and

(b) For the District or federal government, a legally authorized official.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).